Lee v. Schultz

The trial court’s jury instruction on drainage law was correct. The majority opinion, while citing Feistner v. Swenson, 368 N.W.2d 621 (S.D.1985), LaFleur v. Kolda, 71 S.D. 162, 22 N.W.2d 741 (1946), and Thompson v. Andrews, 39 S.D. 477, 165 N.W. 9 (1917), as support for its position, is, in effect, overruling them.

Thompson contained the following language:

But even though the waters of the basin in question are surface waters and there is a legal burden upon respondents’ lands to receive such waters through the natural water course crossing such lands, such burden and the accompanying…